CITY OF COON RAPIDS, MINNESOTA
CHAPTER 11-1900
FLOODPLAIN MANAGEMENT REGULATIONS

11-1901 Purpose.

(1) A portion of the land within the City is subject to periodic inundation by the overflow of streams, rivers, ponds and lakes causing hazards to life and property, disruption of governmental services, extraordinary public expenditures for flood protection and relief, impairment of the tax base, and an adverse effect on the public health, safety, and general welfare. These flood losses are caused by:

(a) The cumulative effect of obstructions in floodplains which create increases in flood heights and velocities and a reduction in the natural flood retention storage capacity;
(b) Structures within flood hazard areas which are vulnerable to flood; and
(c) Structures and uses within flood hazard areas which become hazardous to other property in times of flood.

(2) The public interest necessitates that development of the floodplains be controlled to eliminate loss of life, threat to health, and economic loss. Increasing urban development upstream will produce floods of greater intensity in the future. Because of the aforementioned reasons, the City Council has determined it is the best interests of the citizens of Coon Rapids to establish floodplain management regulations to promote the public health, safety, and general welfare, and to minimize flood losses by provisions designed to:

(a) Restrict or prohibit the development or subdivision of lands for uses which are dangerous to health, safety, or property in times of flood or which, with reasonably anticipated improvements, will cause excessive increases in flood heights and/or velocities, or reduction in the natural flood retention storage capacity.
(b) Require that all proposed uses and subdivision lots have building sites, streets, and public facilities that are free from flood hazard.
(c) Protect individuals from buying and developing lands which are unsuited for development because of flood hazard by:

i. Prohibiting the development and subdivision of unprotected flood hazard lands;
ii. Requiring that flood hazard areas be delineated on final subdivision plats; and
iii. Reserving areas not suitable for development through deed restrictions.

GENERAL PROVISIONS

11-1902 Land to Which Regulations Apply. This Chapter shall apply to all property within the boundaries of the floodway, flood fringe or general floodplain as contained in the Official Zoning Map. It shall also apply to areas adjacent to ditches and ponds that are part of the City's storm drainage facilities.

11-1903 Designation of Floodway, Flood Fringe, and General Floodplain.

(1) The water surface profile, floodways, and flood fringes within the City shall be designated on the official maps prepared by the United States Geological Survey for the City of Coon Rapids and shall be attached to and made a part of the Official Zoning Map. The Flood Insurance Study for the City of Coon Rapids prepared by the Federal Emergency Management Administration, dated March 15, 1977, and the water surface profiles, and Flood Boundary and Floodway Maps therein are attached to and made part of the Official Zoning Map and this Ordinance. Such maps shall be kept on file in the office of the City Clerk and Director of Community Development for public viewing.
(2) The general floodplain shall include all unnumbered A zones as designated on the Flood Insurance Rate Maps contained in the Flood Insurance Study.

11-1904 Removal of Floodway and Flood Fringe Designation. The floodway and flood fringe designation on the Official Zoning Map shall not be changed unless the designation is in error or such areas are filled to at least the elevation of adjacent lands as approved by the City Council. Any changes in the floodway or flood fringe designation shall be approved by the Commissioner of Natural Resources before such changes may be adopted. The City Engineer shall prepare a map showing the approved change in the same detail as contained in the official map prepared by the United States Geological Survey and such map, when adopted by the City Council by ordinance, shall be considered as an amendment to the official map. A copy shall be kept on file in the offices of the City Clerk and the Director of Community Development for public viewing.

11-1905 Rules for Interpretation of Floodway and Flood Fringe Boundaries. The Boundaries of the floodway and flood fringe shall be determined by scaling distances on the Official Zoning Map. Where a conflict exists between the floodway or flood fringe limits illustrated on the Official Zoning Map and actual field conditions, the surface level of the regional flood shall be the governing factor in locating the regulatory floodplain limits.

11-1906 Warning and Disclaimer of Liability. These regulations do not imply that property outside of the floodplain, or development within the floodplain, shall be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Coon Rapids or any officer or employee thereof for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

LAND USE REGULATIONS

11-1907 Permitted Uses in the General Floodplain and in the Floodway. The following uses are permitted in the floodway or general floodplain, provided they are permitted uses within the zoning district in which the floodway and general floodplain are located, provided they do not obstruct flood flows or increase flood elevations, and provided they do not include structures, fill, obstructions, excavations or storage of materials or equipment.

(1) Agricultural uses - general farming, pasture, grazing, outdoor plant nurseries, truck farming, forestry, horticulture, and sod farming.
(2) Industrial or Commercial - parking areas, loading areas and airplane landing strips.
(3) Recreation - tennis courts, public parks, picnic grounds, ball fields, nature preserves, archery ranges, boat launching ramps, golf courses, driving ranges, recreational trails, and swimming areas but not including lodging facilities or campgrounds.
(4) Residential - lawns and gardens.

11-1908 Conditional Uses in the General Floodplain and in the Floodway.

(1) Structures accessory to permitted uses.
(2) Placement of fill.
(3) Extraction of sand, gravel, or other materials, including accessory structures.
(4) Marinas, docks, piers, and other water control structures, including accessory structures.
(5) Railroads, streets, bridges, pipelines, and utility transmission lines including accessory structures.
(6) Any use permitted under Section 11-1907 which is a conditional use in the zoning district in which the floodway or general floodplain is located.
(7) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures.
(8) Levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the the 10 year frequency flood event.
(9) Parking areas for non-residential uses that would be inundated to a depth of two feet or less and the flood velocity upon occurrence of the regional flood would be more than four feet per second, or that would be inundated to a depth of more than two feet, provided in either case the following conditions are satisfied:

(a) The property was a separate lot of record as of June 1, 1992;
(b) The parking area is required to make reasonable use of the property;
(c) Elevating the parking area on fill is not possible because the resulting increase in flood elevation cannot be mitigated;
(d) Such areas shall be used only for the parking of employee and company vehicles that can move under their own power;
(e) The vehicles can be removed from the area within the time available after a flood warning.

11-1909 Permitted Uses in the Flood Fringe.

(1) Any permitted use within the zoning district in which the flood fringe is located.

11-1910 Conditional Uses in the Flood Fringe.

(1) Any conditional use within the zoning district in which the flood fringe is located.
(2) Any non-residential principal structure for which floodproofing to the FP-1 or FP-2 standards as defined in the Minnesota State Building Code is proposed in lieu of elevating to the flood protection elevation.

11-1911 Prohibited Uses in the Floodplain.

(1) The disposal of any solid waste that is potentially injurious to human, animal, or plant life, is prohibited within the floodplain.
(2) Community-wide structural works for flood control intended to remove areas from the floodplain shall not be allowed in the floodway.
(3) Campgrounds and lodging facilities shall not be allowed in the floodway.

11-1912 Nonconforming Uses in Floodplains.

(1) Floodway Uses. A nonconforming use within the floodway may be continued, provided that it shall not be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
(2) Flood Fringe Uses. A nonconforming use within the flood fringe may be continued, provided that any expansion, change, enlargement, alteration, or modification is in conformance with the provisions of this Chapter.
(3) Structural Alterations and Additions. The cumulative cost of structural alterations and additions made after June 1, 1992, shall not exceed 50 percent of the market value of the structure unless the standards for new structures are met. The cost of structural alterations shall be calculated at current cost and include the value of all materials and labor.

11-1913 District Standards. In addition to the district standards for the zoning district in which the floodplain is located the following district standards shall apply. In the event of a conflict between the zoning district standards and these standards, the more stringent standard shall apply.

(1) Access All developments shall have at least one means of ingress and egress that is at or above the flood protection elevation.

(2) Building Elevation.

(a) Principal Structures. Unless floodproofing pursuant to subsection 11-1910(2) has been approved, principal structures (including mobile homes) and campsites shall be constructed on fill so that the lowest floor elevation or grade elevation under a crawl space is at or above the flood protection elevation. The area surrounding a structure shall be filled to or above one foot below the flood protection elevation for a minimum of 15 feet beyond the limits of such structure.
(b) Accessory Structures. Accessory structures shall be floodproofed or constructed on fill so that the lowest floor elevation or grade elevation under a crawl space is at or above the flood protection elevation. The area surrounding a structure shall be filled to or above one foot below the flood protection elevation for a minimum of 15 feet beyond the limits of such structure. Accessory structures that are not elevated above the flood protection elevation shall:

i. Have a low flood damage potential;
ii. Be constructed and placed so as to offer the minimum obstruction to the flow of floodwaters, whenever possible, having the longitudinal axis parallel to the direction of flood flow and as far as practical being placed approximately on the same flood flow lines as those of adjoining structures;
iii. Be firmly anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls;
iv. Not be intended for human habitation;
v. Be structurally dry floodproofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size and is not necessary to meet the minimum standards for the zoning district in which it is located.
vi. Any mechanical and utility equipment must be elevated to or above the Flood Protection Elevation or properly floodproofed.

(3) Maximum Flood Water Increase. A development or subdivision within the floodplain shall not, when combined with all other existing and projected land uses, increase the water surface elevation of the regional flood more than 0.5 feet at any point. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses allowed as a conditional use within the floodway shall cause any increase in the water surface elevation of regional flood or cause an increase in flood damages in the reach or reaches affected. Computation of the increase in the water surface elevation of the regional flood shall assume equal conveyance or storage loss on both sides of a stream. Such an increase in the water surface elevation of the regional flood may be mitigated by enlargement of the floodway at another location within the reach or reaches affected.
(4) Parking, Driveways and Loading Facilities.

(a) Residential uses. Parking, driveways, and loading facilities accessory to residential uses, including residential institutions, shall be elevated to at least six inches above the flood elevation.
(b) Non-residential uses. Parking, driveways, and loading facilities accessory to other uses shall be elevated to at least six inches above the flood elevation unless either the parking area would be inundated to a depth of two feet or less and the flood velocity upon occurrence of the regional flood would be four feet per second or less, or a conditional use permit is granted as provided in 11-1908(9).

If the parking area would be subject to flood velocities greater than four feet per second or would be inundated to a depth of more than two feet, a warning and evacuation plan approved by the City Council shall be required, in addition to the conditional use permit.

(5) Sanitary Sewer, Water, and Public Utilities and Facilities.

(a) Public Utilities. Sanitary sewer, water and other public utilities and facilities in floodplain areas shall be elevated to the flood protection elevation or floodproofed in accordance with the State Building Code.
(b) Private sewer and water systems. New or replacement on-site sanitary sewer and water facilities in floodplain areas shall be designed to eliminate infiltration of flood waters into them and discharges from them into flood waters.

(6) Storage of Materials and Equipment. The storage or processing of materials that are buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited within the floodway. The storage of any materials or equipment shall be elevated on fill to the flood protection elevation.
(7) Storm Drainage Facilities. Storm drainage facilities within a development in a floodplain shall be designed to convey the flow of surface waters without damage to people or property. The facilities shall be designed to protect against surface erosion, siltation of surface waters, and to prevent the discharge of excess runoff that may increase the danger of flooding elsewhere.
(8) Streets. All streets within a floodplain area shall be at or above the flood protection elevation. Fill may be used to raise streets to such levels; however, such fill shall not restrict the flow of water so as to unduly increase flood heights.
(9) Erosion Control. Fill, dredge spoil, and all other similar materials deposited or stored in the floodplain shall be properly compacted and protected from erosion by vegetative cover, mulching, riprap or other method acceptable to the Zoning Administrator.

ADMINISTRATION

11-1914 Enforcement.

(1) The Zoning Administrator shall administer and enforce these regulations.
(2) Any violation of these regulations within the floodway which would increase the level of the 100 year flood or would interfere with the ability of the floodway to convey the 100 year flood is hereby declared to be a nuisance and may be abated according to Chapter 8-1100.
(3) If the structure and/or use is under construction or development the Zoning Administrator may order the construction or development immediately halted until the proper permits or approvals are obtained.
(4) If the structure and/or use is completed the Zoning Administrator may order the premises vacated until the proper permits or approvals are obtained.
(5) The Zoning Administrator shall notify the Commissioner of Natural Resources and the Federal Emergency Management Agency of the violations and the corrective action taken.

11-1915 Record of First Floor Elevations. The Zoning Administrator shall maintain a record of the elevation of the first floor, including basement, of all new structures or additions to existing structures in the floodplain areas. The Zoning Administrator shall also maintain a record of the elevations to which structures or additions to structures are floodproofed.

11-1916 Certificate of Zoning Compliance for New, Altered, or Non-conforming Uses. It shall be unlawful to use, occupy, or permit the use of any building or premises, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its uses or structure until a Certificate of Zoning Compliance shall have been issued therefor by the Zoning Administrator stating that the use of the building or land conforms to the requirements of these regulations. Before such certificate is issued, a statement shall be submitted to the Zoning Administrator by a registered professional engineer or land surveyor indicating that the finished fill and building floor elevations or other flood protection measures are in compliance with these Floodplain Management provisions.

11-1917 State and Federal Permits. Prior to granting a building permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal permits.

11-1918 Rules and Procedures for Subdivision, Conditional Use Permit, and Variance Requests. Requests for subdivisions, conditional use permits, and variances shall be subject to the same rules and procedures as requests in areas not located in a floodplain, except as provided below:

(1) Subdivisions.

(a) The application for a subdivision of lands where buildable lots are to be created within the floodplain shall contain the following information in addition to normally required subdivision requirements: A plan showing the elevation of streets, drives and building lots, grading plans, including methods to protect utility installations from flood hazard, proposed floodproofing, fill, levees, channel modifications, and other methods to overcome flood or erosion hazard, designation of all land to be reserved or dedicated for open space or recreational use, identification of floodway and flood fringe areas, flood protection elevation, draft of restrictive covenants to be filed with the final plat that provide that the floodplain area be left substantially in the same state as shown on the plat, establish streets and roads, and require that any additions or modifications to these facilities be in conformance with the City's Floodplain Management Regulations.
(b) Approval of a subdivision within a floodplain may be made subject to any conditions and assurances, guaranteed by a security agreement in the amount of 150 percent of the estimated cost of proposed improvements, that the City Council may deem necessary to substantially secure the intent and purpose of these regulations.

(2) Conditional Use Permits and Variances.

(a) The application for conditional use permits and variances for property located in a floodplain shall contain the following information in addition to normally required use permit and variance requirements: A plan indicating the proposed elevation of buildings and structures; material storage locations; grading of site; utility plans, including methods to protect utility installations from flood hazard, proposed flood proofing, fill, levees, channel modifications, and other methods to overcome flood or erosion hazard; and identification of floodway and flood fringe areas.
(b) A notice of public hearing as well as a copy of the application for a conditional use permit or variance within a floodplain area shall be submitted to the Commissioner of Natural Resources in order to provide the Commissioner with at least ten (10) days notice of the hearing.
(c) A copy of all decisions granting conditional use permits or variances within floodplain areas shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action.
(d) No variance shall permit a lower degree of flood protection than the flood protection elevation for the particular area or permit standards lower than those required by State law.
(e) Prior to issuance of a conditional use permit for property within a general floodplain the floodway, flood fringe, and flood protection elevation shall be determined pursuant to Minnesota Regulations 1983, Parts 6120.5000 through 6120.6200 and the Official Zoning Map amended to include these elevations.
(f) In addition to the Standards for Conditional uses found in 11-316 the Planning Commission or City Council shall consider the following when reviewing a conditional use permit in the floodplain:

i. The danger to life and property due to increased flood heights or velocities caused by encroachments.
ii. The danger that materials may be swept into other lands or downstream to the injury of others or they may block bridges, culverts, or other hydraulic structures.
iii. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
iv. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
v. The importance of the services provided by the proposed facility to the community.
vi. The requirements of the facility for a waterfront location.
vii. The availability of alternative locations not subject to flooding for the proposed use.
viii. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
ix. The safety of access to the property in times of flood for ordinary and emergency vehicles.
x. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
xi. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
xii. Other such factors which are relevant to the purposes of this Ordinance. [Revised 04/28/92, Ordinance 1409]